People v. Gilliam

Appellate Division of the Supreme Court of New York

People v. Gilliam

40 A.D.2d 1036, 339 N.Y.S.2d 927, 1972 N.Y. App. Div. LEXIS 2954

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 29, 1972

StatusPublished

This text of 40 A.D.2d 1036 (People v. Gilliam) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Gilliam, 40 A.D.2d 1036, 339 N.Y.S.2d 927, 1972 N.Y. App. Div. LEXIS 2954 (N.Y. Ct. App. 1972).

Pincite

Opinion

Two judgments of the County Court, Nassau County, both rendered July 5, 1972, reversed as to the sentences, on the law, and otherwise affirmed, and cases remanded to the County Court for resentencing in accordance with the views herein set forth. In our opinion it was error to deny to defendant, upon the imposition of sentence, the right of allocution granted by the statute (CPL 380.50). Upon the argument of this appeal it was consented that defendant’s separate appeal, now pending in the Appellate Term, from the class A misdemeanor conviction, not part of the judgment here under review, be included in the disposition made by this court on the instant appeal and that such separate appeal be removed from the Appellate Term to this court. Accordingly, the foregoing disposition applies to defendant’s two convictions, embraced in the two separate judgments of the County Court, Nassau County, rendered July 5, 1972, upon defendant’s pleas of guilty to attempted sexual abuse in the first degree (a class E felony) and to attempted conspiracy in the second degree (a class A misdemeanor). Shapiro, Acting P. J., Gulotta, Christ, Brennan and Benjamin, JJ., concur.

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Two judgments of the County Court, Nassau County, both rendered July 5, 1972, reversed as to the sentences, on the law, and otherwise affirmed, and cases remanded to the County Court for resentencing in accordance with the views herein set forth. In our opinion it was error to deny to defendant, upon the imposition of sentence, the right of allocution granted by the statute (CPL 380.50). Upon the argument of this appeal it was consented that defendant’s separate appeal, now pending in the Appellate Term, from the class A misdemeanor conviction, not part of the judgment here under review, be included in the disposition made by this court on the instant appeal and that such separate appeal be removed from the Appellate Term to this court. Accordingly, the foregoing disposition applies to defendant’s two convictions, embraced in the two separate judgments of the County Court, Nassau County, rendered July 5, 1972, upon defendant’s pleas of guilty to attempted sexual abuse in the first degree (a class E felony) and to attempted conspiracy in the second degree (a class A misdemeanor). Shapiro, Acting P. J., Gulotta, Christ, Brennan and Benjamin, JJ., concur.

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Bluebook (online)

40 A.D.2d 1036, 339 N.Y.S.2d 927, 1972 N.Y. App. Div. LEXIS 2954, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gilliam-nyappdiv-1972.